[2025] FWC 2631
What happened
the Applicant was employed by iMile Delivery & Logistic Pty Ltd (iMile Australia) from October 2023, following a prior contract with a related company in China. She was initially a Supply and Distribution Manager, later demoted to warehouse operator in November 2024. In January 2025, her accrued leave was paid out, effectively ending her employment. Following this, she was detained by Chinese police and subsequently dismissed by iMile Hangzhou. iMile Australia alleges misconduct related to procurement practices, including engaging a supplier (VIBOT) at a higher cost and assisting its director with a visa application. the Applicant denies these allegations and claims she was acting under instruction and for business continuity.
What was decided
The Fair Work Commission found that the Applicant was unfairly dismissed. The Commissioner rejected iMile Australia’s claims of misconduct, finding the evidence unpersuasive and often contradictory. The Commissioner accepted the Applicant's evidence regarding her actions and the circumstances she faced in establishing iMile Australia's presence in the local market. The Commission determined that compensation was an appropriate remedy for the unfair dismissal. The application was made within the prescribed period under the Fair Work Act 2009.
What it means for employers
Employers should ensure clear and consistent procurement processes are in place and communicated to employees, especially in new or expanding operations. It is crucial to provide adequate training and support to employees in unfamiliar roles and markets. Allegations of misconduct should be thoroughly investigated with reliable evidence, and employees should be given an opportunity to respond to those allegations before dismissal.
What it means for employees
Employees should document instructions and approvals received from superiors, particularly when making decisions that deviate from standard procedures. If facing allegations of misconduct, it's important to gather evidence and present a clear explanation of actions taken.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.